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I have a problem with a furniture purchase. Did any of what…

Customer Question
I have a problem...

I have a problem with a furniture purchase. Did any of what I typed earlier come through with this request?

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

West Virginia. I haven't tried to find an attorney yet.

Lawyer's Assistant: Have you contacted the manufacturer?

All contact with the manufacturer must be through the retailer I bought the furniture from. The retailer only can contact the manufacturer.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He made a warranty claim and informed me by letter today it was denied and I have to pay the balance on this furniture. I have no had a chance to talk with any representative of the manufacturer despite being promised that.

Submitted: 8 months ago.Category: Legal
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Answered in 11 minutes by:
11/9/2017
Lawyer: socrateaser, Lawyer replied 8 months ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 40,061
Experience: Retired
Verified

Hello,

A manufacturer that provides a written warranty cannot provide any warranty language that states that the manufacturer's decision is final. In short, if you believe that the manufacturer has a duty to repair or replace under the written warranty, then you can sue both the manufacturer and retailer to obtain satisfaction. I don't know how much money is at stake, but if it's no more than $5,000, then you can sue in small claims court without a lawyer.

Note: In addition to the manufacturer's written warranty, there is also an "implied warranty of merchantability," which the manufacturer and retailer must honor. Products which are not of "fair and average quality" violate the implied warranty, and create a separate ground for legal action in addition to the manufacturer's warranty.

Also, if you purchased the furniture with a credit card, and it has been less than 60 days since the bill first appeared on your credit card statement, then you can complain to the credit card issuer, and it may remove the entire payment from your bill.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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